Article

IoT Data Presents New Challenges and Opportunities in Discovery

The Internet of Things (IoT) is pervasive. We have become used to personal computers and handheld devices being connected to each other and to third-party services, but in this distinct stage in the evolution of an interconnected world, the many devices that help run our convenient world are also connected and constantly generating data.

Noted legal journalist Bob Ambrogi and TotalDiscovery’s co-founder Alon Israely, detail what this means for discovery in a new article for Peer to Peer, the quarterly magazine of ILTA. A PDF of the full article, “More ESI: IoT Data Presents New Challenges and Opportunities in Discovery,” is posted on our site here. We’ve posted an excerpt from the article below.

New Sources of Discoverable Data

Many forms of IoT data have potential use in litigation, particularly data from consumer devices:

Wearable devices track movements and activities. These include health bands such as Fitbit, digital accessories like the Apple Watch and ejewelry, and tagged personal items such as luggage, wallets and keys.

Home security and monitoring systems record points of motion and security data as well as large volumes of video and audio data. Examples include the Ring doorbell and the SimpliSafe home security system.

Home automation systems control and manage lights, heating and door locks. Nest brand products, for example, include IoT carbon monoxide monitors and smoke detectors as well as a climate-control device that can be remotely monitored and managed from a smartphone app. Undoubtedly use of this information in homeowners’ insurance claims or utility disputes will become standard.

Vehicle tracking systems are a rich area for discovery of IoT data. Onboard computers
and road-monitoring systems provide vast amounts of data on vehicles’ whereabouts and maintenance. Trucking companies use these devices to keep track of routes, maintenance, drivers’ hours and DOT compliance. Vehicle IoT devices could reveal critical facts about a driving incident or confirm the exact hours a driver worked when gathering evidence for overtime or other employment matters.

Virtual personal assistants such as the Amazon Echo and Microsoft Cortana are advanced audio and video human interface devices used to access the internet and personal data storage. Using voice commands, people can direct the devices to shop online, play music, manage their calendars and even control other IoT devices. Data from these devices are already being subpoenaed in criminal matters. Given the unprecedented insight such data can provide into a person’s daily life, there is no doubt that these devices will become a common target of discovery.